Guide to a student residence permit
Guide to a student residence permit
Would you like to study in Austria and want get more information?
You already have a residence permit and want to know whether you can switch to a student residence permit?
What documents are required for the residence permit and how does the procedure work?
These questions are answered in the articles below.
We will also be dealing with questions such as, "Why was my application for a student visa rejected? I provided all the documents."
You must first enroll for a course of study in Austria and be accepted by the university.
Which conditions do I have to fullfill?
You must first enroll for a course of study in Austria and be accepted by the university, university of applied sciences, accredited private university, or public or private university of education. The university thereby issues a letter of admission.
Generally, there is an option to meet the requirements for the student visa through a proper degree
or also an extraordinary studies,
as part of a university course.
Different documents and certificates are due at application. Most important are: Acceptance letter, A2 German certificate, and sufficient financial means.
Which documents are necessary at application?
-Enrollment at university (acceptance decision) of the university
-A2 German certificate
-Valid travel document (i.e.. passport)
-Birth certificate or similar certificate
-EU Passport Photo
-Health insurance (mandatory insurance or relevant insurance policy) that covers all risks
-Lease agreement or living arrangement
-Sufficient financial means (Pay slips, savings account, letter of guarantee, etc)
For people under 24 : €6.183,60 per year, or, €515,30 per month
For people older 24 : €11.196,72 per year, or. €933,06 per month
Please notice: The origin of the financial means has to be accounted for. From whom did you receive the money? How? When? From where did you receive the money?
Please notice: all documents in a foreign language have to be submitted with a certified translation.
Where can I submit the application?
The application can be submitted at the immigration office (MA35, district authority), after entering Austria, or also at the Austrian Embassy in your home country.
Please note: If you entered Austria with a tourist visa and submitted an application here, you are only allowed to stay until the 90 days upon the day of entry expire.
If you did not receive the residence permit until then, you have to leave Austria and wait for the residence permit in your home country.
After the application has been submitted, the authority has six months to decide.
How long does the immigration have to decide after I have applied?
After the application for student residence permit has been submitted, the authority has six months to decide.
If you have not received a decision after six months, you have several opportunities:
The immigration office examines if the conditions are metand will notify you when the case is concluded. If the application is rejected you will receive a decision.
How does the procedure work?
In the case of an application abroad, the Austrian Embassy reviews your application and forwards it to the responsible immigration authority (MA 35, district administration) in Austria. This examines whether the requirements for issuing the residence permit are met.
If the requirements are met and the immigration authority concludes the proceeding positively, it will inform the Austrian embassy abroad and, if necessary, instruct it to issue a residence permit. The embassy will then inform you of this.
You can then enter Austria with a valid visa or, if there is no visa requirement, without a visa (visa-free) and collect the student residence permit in person from the responsible immigration authority.
If you have submitted the application in Austria, the immigration authority will review whether the requirements for issuing the residence permit are met. If you complete the requirements and the proceeding positively, the authority will issue you the residence permit.
If you do not meet the requirements, the authority will issue a decision, against which you can lodge a complaint within four weeks.
Why was my application rejected? What should I do now?
A negative decision can be issued for several reasons, i.e.:
-the origin of the income has not been verified
-the financial means are insufficient
-the appartment that you will move to is too small regarding square meter/ per Person, minimum 17m2
-lack of health insurance or the policy does not cover enough risks
The grounds for rejection will be highlighted in your decision. Seek out a lawyer to explain these to you more clearly.
You can lodge an appeal within four weeks upon service of the decision.
For the renewal you will need proof of academic sucess in the previous yearas well as sufficient financial means for the coming year.
I already have a residence permit and want to renew it. Which documents will I need and how does the procedure work?
Before your residence permit expires you have to submit an application for renewal at the immigration office. For this you will need:
-Proof of academic success in the previous year - 16 ECTS per year or 8 Semester weekly hour
-sufficient financial means for the coming year
-all other documents previously submitted for the initial residence permit
After you have submitted the application for extension, the authority reviews whether you meet the requirements and afterwards issues a residence permit or rejects the application by way of a decision.
You can appeal the negative decision within four weeks of service.
Can I switch to a student residence permit? How can I switch from a student residence permit to another residence permit?
In principle it is possible to switch from an Au Pair Residence permit to a student residence permit, provided that you meet all the requirements.
It is not possible to switch from an asylum proceeding to a student residence permit.
If you want to exchange your student residence permit, you first have to have completed your studies or have gotten married.
Our recommendation: Schedule a consultation with the lawywer
What are my next steps?
1. Contact the lawyer and schedule an appointment.
2. Received legal counsel regarding the next steps, especially, if it makes sense to get a quick decision ( when in renewal proceedings)
a. In case of a negative decision
i. Hire the lawyer to lodge an appeal
b. In case no decision was issued
i. Hire the lawyer to contact the authority office.
ii. Hire the lawyer to file a complaint due to delay or an application for setting a deadline
Schedule an appointment right away
In summary, a lawyer can help you so that you can start studying in Austria. A lawyer can also assist you if you want to extend your residence permit
Simply call us at 06507283562 or write to us at office@anwaltklammer.com to arrange a consultation for EUR 150. In the appointment, we can tell you right away what the best course of action is.
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